Download Our App
Zach Despart,  Texas Tribune avatar

Zach Despart, Texas Tribune

Stories By Zach Despart, Texas Tribune

Ken Paxton in legal jeopardy over crackdown on 'illegal voting'

Ken Paxton in legal jeopardy over crackdown on 'illegal voting'

Two weeks before this year’s primary elections, Texas Attorney General Ken Paxton announced the creation of a tip line for the public to report people or groups suspected of voter fraud.

“Free and fair elections are a cornerstone of a thriving republic, and with the authority granted to my office by the Legislature, we will stop at nothing to uncover and stop any illegal voting activity,” Paxton said in a February news release announcing the tip line.

The announcement linked to guidance from his office about election laws in Texas, which included a requirement to be a U.S. citizen, a prohibition on collecting mail ballots on behalf of others and a warning that “it is illegal to misrepresent your residence on election records or to establish a residence for the purpose of influencing the outcome of an election.”...

Trump's much-vaunted election security tool keeps messing up: 'Not ready for prime time'

Trump's much-vaunted election security tool keeps messing up: 'Not ready for prime time'

When county clerk Brianna Lennon got an email in November saying a newly expanded federal system had flagged 74 people on the county’s voter roll as potential noncitizens, she was taken aback.

Lennon, who’d run elections in Boone County, Missouri, for seven years, had heard the tool might not be accurate.

The flagged voters’ registration paperwork confirmed Lennon’s suspicions. The form for the second person on the list bore the initials of a member of her staff, who’d helped the man register — at his naturalization ceremony. It later turned out more than half the Boone County voters identified as noncitizens were actually citizens.

The source of the bad data was a Department of Homeland Security tool called the Systematic Alien Verification for Entitlements, or SAVE.

Once used mostly to check immigrants’ eligibility for public benefits, SAVE has undergone a dramatic expansion over the last year at the behest of President Donald Trump, who has long falsely claimed that millions of noncitizens lurk on state voter rolls, tainting American elections.

At Trump’s direction, DHS has pooled confidential data from across the federal government to enable states to mass-verify voters’ citizenship status using SAVE. Many of the nation’s Republican secretaries of state have eagerly embraced the experiment, agreeing to upload all or part of their rolls.

But an examination of SAVE’s rollout by ProPublica and The Texas Tribune reveals that DHS rushed the revamped tool into use while it was still adding data and before it could discern voters’ most up-to-date citizenship information.

As a result, SAVE has made persistent mistakes, particularly in assessing the status of people born outside the U.S., data gathered from local election administrators, interviews and emails obtained via public records requests show. Some of those people subsequently become U.S. citizens, a step that the system doesn’t always pick up.

According to correspondence between state and federal officials, DHS has had to correct information provided to at least five states after SAVE misidentified some voters as noncitizens.

Texas and Missouri were among the first states to try the augmented tool.

In Missouri, state officials acted on SAVE’s findings before attempting to confirm them, directing county election administrators to make voters flagged as potential noncitizens temporarily unable to vote. But in hundreds of cases, the tool’s determinations were wrong, our review found. Lennon was among dozens of clerks statewide who raised alarms about the system’s errors.

“It really does not help my confidence,” she said, “that the information we are trying to use to make really important decisions, like the determination of voter eligibility, is so inaccurate.”

In Texas, news reports began emerging about voters being mistakenly flagged as noncitizens soon after state officials announced the results of running the state’s voter roll through SAVE in October.

Our reporting showed these errors were more widespread than previously known, involving at least 87 voters across 29 counties. County election administrators suspect there may be more. Confusion took hold when the Texas secretary of state’s office sent counties lists of flagged voters and directed clerks to start demanding proof of citizenship and to remove people from the rolls if they didn’t respond.

“I really find no merit in any of this,” said Bobby Gonzalez, the elections administrator in Duval County in South Texas, where SAVE flagged three voters, all of whom turned out to be citizens.

Even counting people flagged in error, the first bulk searches using SAVE haven’t validated the president’s claims that voting by noncitizens is widespread. At least seven states with a total of about 35 million registered voters have publicly reported the results of running their voter rolls through the system. Those searches have identified roughly 4,200 people — about 0.01% of registered voters — as noncitizens. This aligns with previous findings that noncitizens rarely register to vote.

Brian Broderick leads the verification division of U.S. Citizenship and Immigration Services, the DHS branch that oversees SAVE. In an interview this month, he acknowledged the system can’t always find the most current citizenship information for people not born in the U.S. But he defended the tool, saying it was ultimately up to states to decide how to use SAVE data.

“So we’re giving a tool to these folks to say, ‘Hey, if we can verify citizenship, great, you’re good. If we can’t, now it’s up to you to determine whether to let this person on your voter rolls,’” Broderick said.

In Texas, Secretary of State Jane Nelson declined an interview request. Her spokesperson, Alicia Pierce, said the office hadn’t reviewed SAVE’s citizenship determination before sending lists to counties because it isn’t an investigative agency. In a statement, Pierce added that the use of SAVE was part of the office’s “constitutional and statutory duty to ensure that only eligible citizens participate in Texas elections.”

A spokesperson for Missouri Secretary of State Denny Hoskins called SAVE a valuable resource even though some people it flagged might later be confirmed as citizens. “No system is 100% accurate,” Hoskins said in an interview, “but we’re working to get it right.”

Asked whether it was problematic that his office directed clerks to temporarily bar voters from casting ballots before verifying SAVE’s findings, Hoskins said that was a “good point.”

While 27 states have agreed to use SAVE, others have hesitated, concerned not only about inaccuracies, but also about privacy and the data’s potential to be used in immigration enforcement. Indeed, speaking at a recent conference, Broderick said that when SAVE flags voters as noncitizens, they are also referred to DHS for possible criminal investigation. (It is a crime to falsely claim citizenship when registering to vote.)

People who’ve been flagged by SAVE in error say it’s jarring to have to provide naturalization records to stay eligible to vote when they know they’ve done nothing wrong.

Sofia Minotti, who lives north of Dallas in Denton County, was born in Argentina but became a U.S. citizen years ago. Nonetheless, she was one of 84 Denton County voters identified by SAVE as a potential noncitizen. She and 11 others have since provided proof of citizenship, giving the system an error rate in the county of at least 14%.

The real rate is probably higher, a county official acknowledged, since some of those sent notices to prove their citizenship might not respond in time to meet the deadline. They’ll have to be reinstated to vote in the midterms later this year.

Minotti, though still on the rolls, felt singled out unfairly.

“I’m here legally, and everything I’ve done has been per the law,” she said. “I really have no idea why I had to prove it.”

'Far-reaching consequences': Experts alarmed by new DHS plot for citizenship checks

'Far-reaching consequences': Experts alarmed by new DHS plot for citizenship checks

The Department of Homeland Security says it intends to add state driver’s license information to a swiftly expanding federal system envisioned as a one-stop shop for checking citizenship.

The plan, outlined in a public notice posted Thursday, is the latest step in an unprecedented Trump administration initiative to pool confidential data from varied sources that it claims will help identify noncitizens on voter rolls, tighten immigration enforcement and expose public benefit fraud.

According to emails obtained by ProPublica and The Texas Tribune, DHS approached Texas officials in June about a pilot program to add the state’s driver license data, but it’s not clear if the state participated....

Lt. Gov. Dan Patrick says Legislature should clarify Texas abortion law to protect mothers

Lt. Gov. Dan Patrick says Legislature should clarify Texas abortion law to protect mothers

"Lt. Gov. Dan Patrick says Legislature should clarify Texas abortion law to protect mothers at risk" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.